A Profession. Essay, Research Paper
In this essay there will firstly be a definition of what is meant by the word profession , although there are changing ideals about this. This will then be used to look at what elements the modern law profession has from the definition. There will be a discussion about the lawyers duty as an officer of the court. The lawyers civic responsibilities will be explored. The requirement of rules and regulations will be considered. Then a definition of a business will be presented. It will be discussed how the legal profession is becoming more like a business. The regard modern lawyers have for the rules will be talked about. The lack of reporting by the Law Societies with regard to disciplinary hearings will be mentioned.
Firstly a definition if what exactly is meant by the word profession . It is defined as a vocation or occupation requiring special, normally advanced, education which brings with it unique knowledge and skill. The activity and skill required in the profession is essentially mental or intellectual. Profession also suggests a certain stature and prestige and implies that the activity to which it is attached possesses a special dignity that other jobs do not. It seems that a profession also controls the education of existing and potential members. It also has an organisation which controls its own decision making and the members of the profession must conform with the code of ethical conduct laid out by such an organisation.
It is also argued by many academic observers that in a profession there is a duty to serve the good of the public , for an example of such academics see A. Kronman and P. Brown.
It seems that in today s world lawyers still have twin sets of values. One being that aforementioned duty to serve the good of the community as a whole. the other , lesser, duty being to serve their individual clients. the public service element has always been a linchpin of this particular profession. There is a duty as an officer and right arm of the court. The contemporary legal practitioner must be able to serve their client whilst upholding the integrity of their duty to their country, where these two duties conflict the lawyer will be bound to follow their duty to their country. In other words the lawyer always has a duty to see that the legal system maintains its integrity. There is also the reality based point that any given lawyer must be able to trust that the other practitioner they are dealing with in any manner of transaction is also answer questions truthfully.
Another arm of this public service element of professionalism is the requirement that today s lawyer should engage in some manner of pro bono activity. In some large law firms this is encouraged through involvement in countless public interest projects such as representation of the poor, legal word provided for a public charity (Such as taxation help.) and representation to quasi-public bodies. This civic responsibility ideal is again a characteristic of a profession. Also there is the continuation of legal training, even when one has already attained their law degree.
There is a clear and obvious public interest in these standards remaining. the public interest is guarded by the legal professions regulator, the New Zealand Law Society. The rules for the legal profession are laid down in both the Law Practitioners Act and in the Rules of Professional Conduct. These, combined, protect matters at the heart of what the public would view as necessary for the legal profession, for example………………………………..
The legal profession still retains some attributes that would make the label profession a truthful one.
Now the definition of what is meant by the term business is one that seems, at least historically, easier to articulate than that of a profession. A business is any employment, occupation, or commercial activity engaged in for gain or livelihood; that which busies or engages the attention, labor and effort of persons as a principal, serious concern or interest for livelihood, benefit, advantage or profit.
No longer can it be said that law is a profession apart, untouched by the marketplace. A point that illustrates this proposition is the competitive environment of the legal profession. With the ever increasing number of lawyers in society there is obviously going to be more competition. In this environment the law firms have to operate like a business. The present day American law profession has become in many respects a bottom line business . This seems to hold true for the New Zealand legal profession as well as its American equivalent.
Another factor pointing towards a more business like operation of the legal profession is the stature with which the rules of professional conduct are regarded in the contemporary New Zealand legal climate. The Cotter-Roper report suggests that breaches of these rules are treated rather lightly. The report also states that legal ethics as a whole concept are starting to decline generally. This, it is suggested. is because firms need the work to survive in the modern day market for legal services and will ignore some rules where they, the rules, are inconvenient.
The report also suggests that there is no valid reporting of disclipinary hearings. A fact which was easily verified by a short phone conversation with the Canterbury District Law Society. It is suggested that because of this there is no set standard of punishments. For example, for what one does in Auckland they could get a $10000 fine, whereas for the same infringement in Christchurch they could get a fine of only $5000.
At the time the report was published ethics was not a compulsory part of the law undergraduate courses and because of this ethics was thought to be, by students, of lesser importance than the so called core subjects. This has now been rectified, ethics is a compulsory course of undergraduate legal study. If what the report suggests is the reality then this does not bode well for the legal profession retaining it label as a profession in the eyes of the traditionalists.
In the modern legal profession one third of the profession are members of firms with 10 or more practitioners. Some of the largest firms are so sizeable and spread throughout many different cities that the partners do not even know each other. The size of these law firms rivals other substantial commercial enterprises. As well as this legal firms are part of the Business Roundtable. The effectiveness of informal monitoring and the importance placed on peer approval markedly decline when law firms become this large. The focus is shifted to financial incentives which could lead to a drop in ethical standards. There is also the flip side of large firms. In fact 20% of New Zealand legal practitioners are in small firms of one, two or three. These lawyers, when isolated, face minimal scrutiny to maintain reasonable ethical standards. The Law Societies job of supervising all these lawyers is a difficult and extremely expensive task. When there is no enforcement of the rules it could be seen as the law society condoning certain breaches. One could ask, if it is not being prosecuted when it is breached then why have it at all?
As mentioned before there is increased competition with the legal practice. With increased competition it has meant there is a greater need for one firm to distinguish itself from another. This has meant an increase in print advertisments, business cards and all manner of advertisments. However it does seem that the social acceptence of lawyers advertising has risen, to what extent it has risen though is undefined. This seems to stem directly from the fact that prospective clients have a larger group from where they can get their legal services and they want to know if they are getting a good deal. This may mean a shift in the client-lawyer relationship. the client know may be able to threaten the lawyer with taking their business elsewhere if certain rules are not bent. However this remains to be seen.
There is also the fact that some large corporations have legal departments, with lawyers who are paid a salary called in house council. these lawyers are required only to work for the large corporation. This effectively divides lawyers into different lines of work and in doing this reduces shared lawyer experiences. This is comparable to the assembly line of Henry Ford, where each worker was a specialist. The only difference would be that instead of being an expert at putting on wheels one lawyer would be an expert at avoiding tax.
The legal profession has had to adapt in this modern day free market economy. This has meant that some aspects of business have been incorporated into the lawyers work. A new breed of law firms have emerged.
Другие работы по теме:
Ethics 3 Essay Research Paper EthicsThere are
Ethics 3 Essay, Research Paper Ethics There are many people in the world today that want their lives to end in a certain way. Some want to fulfill a dream or do something they weren t able to do before; yet there are some people who want to feel like they have done something for others which have helped another person in there live today.
Ethics For A New Millinium Essay Research
Paper Ethics for a New Millinium In a rapidly growing market, responsible and reliable service is a must for any business to be successful. Ensuring ethics in the work place not only makes for more productive workers, it also insures happy customers. If ethical behavior is not followed by employees on all levels, the productivity will be affected.
Business Money Flows Essay Research Paper
This is the flow of all money, both into and out of the business. When bills are paid or stocks are bought, the money flows out, but when the products are purchased the money flows in. Bills cannot be paid if there isn?t enough money
Environmental Scanning Essay Research Paper This paper
Environmental Scanning Essay, Research Paper This paper will discuss environmental scanning, marketing procedures, and describe how the environment affects marketing in relation to the automobile detailing business.
Ethics In American Beauty Essay Research Paper
Ethics in “American Beauty” The word ethics is derived from the Greek work “ethos,” which refers to the character and sentiment of the community, and standards of behavior. Ethical means conforming to the standards of a given profession or group. Any group can set its own ethical standards and then decide to live by them or not.
Business Ethics Essay Research Paper Frank tries
Business Ethics Essay, Research Paper Frank tries to refute Friedman, as Arrow previously did. Frank considers the one responsibility that Arrow ignores, that the action that the CEO of a company takes in self interest, and may also be socially responsible. Friedman offers cloaking. Repeated interaction, the use of paying on time, all look socially responsible but they are not.
Ethics Essay Research Paper Managing ethics in
Ethics Essay, Research Paper Managing ethics in the workplace holds tremendous benefit for leaders and managers, benefits both moral and practical. With the work place becoming more diverse, managers face ethical choices more and more every day. With that they must be prepared to not only answer to it, but also to set the example for their subordinates.
Ethics Essay Research Paper Ethics 1 are
Ethics Essay, Research Paper Ethics (1) are an individual?s personal beliefs about what constitutes right and wrong behavior. Important areas of ethical concern for managers are how the organization treats its employees, how the employees treat the organization, and how the organization and its employees treat other economic agents.
Absence Of Malice Essay Research Paper ABSENCE
Absence Of Malice Essay, Research Paper ABSENCE OF MALICE By : xxxxxxxx An interesting study of how a well placed newspaper article can affect a person?s life and how it can ruin a person?s life. Newman is the son of a mobster, but runs a legal business. However, he is in business with his uncle who is still connected to the mob.
Wall Street Essay Research Paper Johnny CockrockerWALL
Wall Street Essay, Research Paper Johnny Cockrocker WALL STREET In the big city of New York there always exist those who push the envelope a bit, and stretch the law. One such man played by Michael Douglas makes money buying and selling others dreams. He is a stock speculator; but one that succeeds based on illegal inside information.
Ethics In Law Enforcement Essay Research Paper
The guest speaker for the ethics in law enforcement lecture was Neal Trautman. Mr. Trautman was a founder of the Law Enforcement Training Network, the world?s largest provider of police training. Mr. Trautman has worked numerous years trying to achieve a standard of ethics within law enforcement. He believes that integrity is the core of America and also the greatest need for the United States and our law enforcement.
Ethics In Research Essay Research Paper The
Ethics In Research Essay, Research Paper The study of psychology often requires the use of experimental methods to gather important information for the betterment of the human race. Experiments often involve the use of humans and animals. What can be done to a human or animal in the name of science and research is a question of ethics.
Ethics Or Moral Philosophy Essay Research Paper
The field of ethics, also called moral philosophy, involves systematizing, defending, and recommending concepts of right and wrong behavior. Philosophers today usually divide ethical theories into three general subject areas: metaethics, normative ethics, and applied ethics. Metaethics investigates where our ethical principles come from, and what they mean.
Ethics 2 Essay Research Paper The business
Ethics 2 Essay, Research Paper The business world is all about selling a product or service and earning money. To sell the products, especially with all the other competition in the marketplace, marketing the product through advertising, packaging, and labeling is important. With all the pressure to sell “your” product, over someone else’s product, many use deceptive and/or manipulative marketing practices.
Ethics Of Duty And Virtue Essay Research
Paper The most basic question in ethics of duty and ethics of virtue is what is human excellence, and how is it achieved?. However, the two fundamental approaches to answering this are significantly different. Ethics of duty focuses more on differentiating between what is morally right or wrong and on what our moral obligations are to ourselves and to our society.
The Ethics Of Euthanasia Essay Research Paper
Euthanasia, also mercy killing, practice of ending a life so as to release an individual from an incurable disease or intolerable suffering. The term is sometimes used generally to refer to an easy or painless death. Voluntary euthanasia involves a request by the dying patient or that person’s legal representative.
The Legal Drinking Age Essay Research Paper
The Legal Drinking Age The legal drinking age is twenty-one years old. There is no justification for it to be that high. Many reasons support it being lowered. The legal drinking age in the in the United States should be changed to eighteen years old.
Business Ethics Essay Research Paper As an
Business Ethics Essay, Research Paper As an editor of a weekly magazine, there are many responsibilities. Upper management recently came to the editor and told him that sales have dipped dramatically. He was also told, that if things do not turnaround soon, heads will roll. Along comes a story that he knows is ethically wrong, but will sell many magazines.
Business Ethics Essay Research Paper Let
Business Ethics Essay, Research Paper Let’s Start With “What is ethics?” Simply put, ethics involves learning what is right or wrong, and then doing the right thing, but “the right thing” is not nearly as straightforward as stated in a great deal of business ethics literature. Most ethical dilemmas in the workplace are not simply a matter of “Should Bob steal from Bill?” or “Should Sue lie to her boss?”
Corporate Social Responsibility Paper Essay Research Paper
Corporate Social Responsibility is a corporation that is responsible, not only for themselves, but also the employees, local community, environment and global impact. As history has shown us, a greedy or ignorant corporation can do vast amounts of damage to an environment, community, and people. Everything from using unsafe chemicals, to the clearing of acres of forest just to turn a profit.
Business And Christian Ethics Essay Research Paper
Business and Christian Ethics 1 Your behavior towards other? s is a matter of making choices: whether to be friendly or unfriendly; whether to tell the truth or to lie; whether to be generous or greedy; whether to study in order to pass an exam or to spend valuable study time watching television and then cheat to pass it.
Why It Should Be Legal Essay Research
Paper Why Marijuana Should be Legal For my final paper I am going to do it on why marijuana should be legal. I will provide factual information that will prove that there are more reasons that it should be legal than illegal. Using studies done by doctors and scientist that prove that it is used to cure many illnesses and medical conditions.
Business Ethics Essay Research Paper Rewards for
Business Ethics Essay, Research Paper Rewards for “Good” Business Ethics Business ethics can be viewed as the principles and standards that guide behavior in the world of business. Especially in today’s society, understanding and practicing the concepts of ethics is a key factor that many organizations stress among employees.
Business Ethics Essay Research Paper Business EthicsWhat
Business Ethics Essay, Research Paper Business Ethics What is business ethics? The answer to this question may be as simple as a company that complies with all the relevant rules and regulations. Or it may be more complex detailing the ways in which the corporation interacts with the world at large. The answer may also depend on who is asked the question.
Main Functions Of The Law Essay Research
Paper ?Ideally, a legal system should reflect the needs and aspirations of its society at any given time.? What do you consider to be the main functions of the law in our society?
Business Essay Research Paper Business World TodayMy
Business Essay, Research Paper Business World Today My thoughts on the business world today are good and bad. I also think it depends on the person and the morals, or ethics they have. The study and evaluation of decision making by businesses according to moral concepts and judgments. Ethical questions range from practical, narrowly defined issues, such as a company s obligation to be honest with its customers, to broader social and philosophical questions, such as a company s responsibility to preserve the environment and protect employee rights.
Land Ethics Essay Research Paper Land Ethics
Land Ethics Essay, Research Paper Land Ethics in Our Communities While wading through the reserved reading in the library, I came across the article, ?The Land Ethic?, which caught my eye, as well as sparked an interest deep within me. It revealed the idea that we, as humans, tend to be quite caught up in the idea of community; community between neighbors, co-workers, etc. seems to be something we strive for in our society.
Ethics In Management Essay Research Paper Ethics
Ethics In Management Essay, Research Paper Ethics in Management What is the status of ethics in management? This is a very hard question to address in a three to four page paper because there is no definite answer. As with many society-wide concerns, ethics runs the entire spectrum of behaviors; from Wal-Mart being very customer oriented and a friend of charity to those fly-by-night repair scams that tend to prey on the elderly.
Ethics Essay Research Paper Ethics have a
Ethics Essay, Research Paper Ethics have a fluid existence therefore making them extremely difficult to define. They are in a constant state of change. They change with the times within the individual. People change their ethics though the course of their lives due to things they’ve experienced and lessons they’ve learned.